The introduction of Australia’s new hate crimes bill has sparked strong reactions, particularly among LGBTQ+ and Jewish communities. While the Albanese government expands the existing offense of urging violence and introduces new protections for various groups, including sexual orientation and gender identity, critics argue that the legislation fails to address the root of hate speech and vilification. Despite promises to criminalize acts that incite hatred or severe ridicule, these aspects were notably absent from the final version of the bill.
For LGBTQ+ advocates, this omission is particularly concerning. Anna Brown, CEO of Equality Australia, voiced deep concern over the threats facing pride groups and other LGBTQ+ communities across the country. Brown highlighted that current threats to the LGBTQ+ community are escalating, with events increasingly disrupted by vile hate speech and intimidation. “We should be stopping hate before it translates into violence,” she emphasized. The call for stronger legal protections from hate speech reflects the urgent need to address not only physical violence but also the pervasive verbal attacks and societal hostility toward marginalized communities.
Jewish leaders, too, expressed their frustration, citing ongoing concerns over antisemitism. Peter Wertheim from the Executive Council of Australian Jewry pointed out that the bill falls short in addressing the vilification that Jewish communities have long been subjected to. Wertheim noted that hate preachers, who have been known to call for extreme violence against Jews, would still be able to evade prosecution under the current framework.
Legal experts also weighed in, arguing that the bill prioritizes free speech over the safety of minority groups. The reliance on incitement to violence, as opposed to incitement to hatred or contempt, limits the scope of the law, according to Dr. Nicole Shackleton from RMIT. This gap in the legislation leaves many minority groups, including LGBTQ+ people, vulnerable to hateful rhetoric that may not immediately incite violence but still contributes to a broader culture of intolerance.
The debate around the bill underscores the ongoing struggle for comprehensive protection against hate speech and vilification, especially for LGBTQ+ communities. As fringe groups grow louder in their opposition to LGBTQ+ rights, the failure to enact stronger protections leaves many vulnerable to hate, both online and in public spaces.
